State of West Virginia ex rel. William Edward Sowards, II v. County Commission of Lincoln County; Paul D. Duncan, President, and Buster Stowers and Doug Waldron, members; and Kim Cecil, No. 23525 and State of West Virginia ex rel. Lewis Walker, Jr. v. Paul Lambert, Clerk of the Circuit Court of McDowell County; and Pete J. Beavers, No. 23541 (W. Va. July 17, 1996) (Cleckley, J.):
Refusing to remove two deputy sheriffs from the ballot despite their violation of W. Va. Code § 7-14-15(a) which required their resignation before becoming candidates for elective office, the Court held (1) the fundamental right to seek elective office cannot be denied unless compelling state interests are served; (2) only where election mandamus relief is sought to preserve the right to vote or seek elective office will the ordinary requirements for the award of mandamus relief be relaxed, particularly with respect to the existence of an adequate, alternative remedy; (3) the legislature has broad authority to prescribe reasonable rules for the conduct of elections; (4) there is a legitimate state interest in preserving the integrity of both the electoral process and civil service system and the legislature may impose limits on political activity by public employees if the state's interests outweigh the employees' first amendment rights; (5) the legislature may prohibit public employees from seeking elective office not only to avoid the potential of having an employee seeking his or her supervisor's elective post, but also to prevent any pressure on laterals or subordinates to assist in the employee's campaign; (6) although it is constitutionally permissible to suspend or discharge a deputy sheriff who seeks elective office, in order to achieve the goal of enfranchisement, judicial authority to remove a candidate from the ballot should be used sparingly; (7) political candidacy is a fundamental right that cannot be infringed upon where less restrictive alternatives are available; (8) only where the electoral process has been subverted by a candidate's clear constitutional or statutory disqualification, or by bribery, fraud, intimidation, or other unlawful conduct, should a court invalidate the preference of the voters; and (9) the statutory prohibition against deputy sheriffs engaging in partisan political activity is insufficient to warrant setting aside the election of a deputy sheriff who violated such prohibition by failing to resign his or her position.
State of West Virginia ex rel. Brian Billings v. The City of Point Pleasant, a municipal corporation; Marilyn McDaniel, City Clerk; Russell Holland, Mayor of the City of Point Pleasant; and all Council Members of the City of Point Pleasant, No. 22837 (W. Va. May 18, 1995) (Cleckley, J.): 194 W.Va. 301, 460 S.E.2d 436:
Upholding the constitutionality of a sixty day political party disaffiliation requirement, the Court held (1) the fundamental right to seek public office may not be restricted unless necessary to accomplish a legitimate and com pelling governmental interest; (2) political party affiliation, involving speech and associational freedoms protected by the first amendment and W. Va. Const. art. III, §§ 7 and 16, may not be restricted unless there is no less restrictive means of accomplishing a legitimate and compelling governmental interest; and (3) W. Va. Code § 3-5-7(b)(6), which disqualifies a candidate who has changed political party affiliation within sixty days prior to filing, is the least restrictive means of accomplishing the legitimate and compelling governmental interest in preserving the integrity of the political process, promoting party stability, and avoiding voter confusion.
Write-In Pritt Campaign, in its capacity as a duly authorized political action committee, etc., et al. v. Ken Hechler, in his capacity as Secretary of State of the State of West Virginia, No. 22394 (W. Va. July 21, 1994) (Workman, J.): 191 W.Va. 677, 447 S.E.2d 612:
Rejecting an attempt by Charlotte Jean Pritt supporters to convert votes cast in a failed write-in gubernatorial campaign into a right to appear on the ballot as the Mountaineer Party, the Court held that a political action committee does not qualify as an "affiliation of voters representing any principle or organization" within the meaning of W. Va. Code § 3-1-8.
Sandy Fisher v. City of Charleston, et al., No. 21356 (W. Va. December 16, 1992) (Brotherton, J.): 188 W.Va. 518, 425 S.E.2d 194:
Invalidating a city ordinance prohibiting the posting of political signs in residential areas, the Court held that, in order to control the use of noncommercial political signs on private property, (1) the government must have a legitimate interest in regulating the speech; (2) the restrictions which regulate the time, place, and manner of the speech must go no further than necessary to achieve that interest; and (3) the restrictions must not burden a substantial portion of the speech in a manner that does not advance that interest.
State of West Virginia ex rel. Samuel A. Cravotta, et al. v. Ken Hechler, as Secretary of State, etc., et al., No. 21308 (W. Va. September 2, 1992) (Miller, J.): 187 W.Va. 790, 421 S.E.2d 698:
Directing the secretary of state to accept the selection of a candidate by the Second Congressional District Republican Executive Committee following the withdrawal of the nominee for personal reasons, the Court held (1) statutes relating to vacancies should be liberally construed; (2) if the state election commission finds that circumstances warrant withdrawal of a candidate, the commission should permit withdrawal and authorize appointment of a replacement candidate by the appropriate party executive committee; and (3) where the state election commission has authorized withdrawal of a candidate within the time frames provided by law, the commission must permit the appropriate party executive committee to fill the vacancy thereby created.
State of West Virginia ex rel. Terry Harden v. Ken Hechler, Secretary of State, et al., No. 21242 (W. Va. July 20, 1992) (McHugh, C.J.): 187 W.Va. 670, 421 S.E.2d 53:
Sustaining a challenge to the state senate candidacy to an individual who would not have resided in West Virginia for 5 years preceding his election, but rejecting the second-place finisher's claim to his spot on the ballot, the Court held (1) the five-year durational residency requirement in W. Va. Const. art. IV § 4, for state senators, is constitutional, and (2) when a vacancy occurs as the result of disqualification of a candidate not later than 84 days before the general election, the nominee may be appointed by the executive committee of the political party for the political subdivision in which the vacancy occurs no later than 78 days before the general election.
Greg D. Martin, Robert W. Burk, Jr., et al. v. Carole Jones, Circuit Clerk of Wood County; Lin Humphries, Circuit Clerk of Ohio County; and other Circuit Clerks; and Ken Hechler, in his official capacity as Secretary of State and Chief Elections officer of the State of West Virginia, No. 20868 (W. Va. January 29, 1992) (Neely, J.): 186 W.Va. 684, 414 S.E.2d 445:
Where redistricting plan was not adopted until less than one year prior to general election, the Court held that where a candidate establishes his or her residence in a new district, part of which was his or her old district, the one-year durational residency requirement of W. Va. Const. art. VI, § 12 does not apply as long the candidate establishes his or her residency in the new district on or before the day of the general election.
Richard L. "Dickie" Adkins v. Billy Joe Smith, No. 20074 (W. Va. July 17, 1991) (Workman, J.): 185 W.Va. 481, 408 S.E.2d 60:
Where a district's second highest vote-getter relocated to another district after the election in an attempt to obtain a seat on a county board of education, the Court held that a candidate's residency, for purposes of ascertaining qualification to hold membership on a county board of education, must be determined on the basis of the magisterial district in which the candidate resides at the time of filing.
Sam MacCorkle v. Ken Hechler, Secretary of State, No. 19638 (W. Va. June 8, 1990) (McHugh, J.): 183 W.Va. 105, 394 S.E.2d 89:
Overruling its decision in State ex rel. Hott v. Ewers, 106 W. Va. 18. 144 S.E. 578 (1928), the Court held that W. Va. Code § 3-6-5, which authorizes write-in votes in general elections, applies with equal force to write-in votes in the election of members of political party executive committees, who are elected, rather than nominated, at primary elections.
Gene A. Haynes v. Ken Hechler, Secretary of State, Juanita Coe, Clerk of the Circuit Court of Wood County, Beryl A. Cunningham and R. Vance Golden, III, Ballot Commissioners of Wood County, Evelyn Waggoner, Clerk of the Circuit Court of Wirt County, Harvey J. McFee and Thelma Bibbee, Ballot Commissioners of Wirt County, No. 19548 (W. Va. April 19, 1990) (McHugh, J.): 182 W.Va. 806, 392 S.E.2d 697:
Where envelope containing certificate of candidacy was stamped by a private postage meter with the last date for filing such certificate, but was not received by the Secretary of State for several days, the Court held that a private postage meter stamp is a presumptively valid and accurate postmark for purposes of W. Va. Code § 3-5-7.